Summary: We will not investigate this complaint about the Council’s refusal to remove an advertisement banner near a pedestrian crossing. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains about the Council’s refusal to remove an advertisement banner near a pedestrian crossing. He says this is a safety issue for pedestrians and drivers.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In response to Mr X’s report, the Council said an inspector visited the site and found the issue was not at a level requiring action at the time. It told Mr X it would monitor the site regularly in line with its Highway Maintenance Management Plan for any deterioration.

7. I appreciate Mr X is unhappy but there is not enough evidence of fault in the Council’s decision-making. The Council investigated the issue and explained its decision not to take immediate action clearly. It reassured Mr X that it would monitor the site regularly. I cannot question the merits of the Council’s decision when there is not enough evidence of fault in its decision making. Therefore, I will not investigate Mr X’s complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman